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Maloney has two misdemeanor DUI convictions, in 2012 and 2013, which makes the third charge an automatic felony under state law because it occurred within 10 years of the first.

Dan Norris, the district attorney in Malheur County, Ore., is the special prosecutor on the case.

The penalties for third DUI in 10 years are 30 days to five years in prison, up to a $5,000 fine, a license suspension for up to five years (mandatory one-year suspension after release with no driving privileges) and mandatory ignition interlock device.